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Commentary and analysis of two pending cases on the Supreme Court's 2012-13 docket, Amgen v. Connecticut Retirement Plans and Trust Funds, and Comcast Corp. v. Behrend. Both cases present the Court with unanswered questions concerning class certification procedure and present the Court with...
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Class actions have been a feature of the American litigation landscape for over 75 years. For most of this period, American-style class litigation was either unknown or resisted around the world. Notwithstanding this chilly reception abroad, American class litigation has always been a central...
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Commentary and analysis of the Supreme Court's opportunity to grant certiorari review in Amchem Prods. Inc. v. Windsor, to decide issues relating to settlement classes in the underlying Georgine nationwide asbestos futures settlement class. The article places the Georgine settlement in the...
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Commentary and analysis of the possibility of classwide litigation over bad subprime mortgage loans under the federal Truth in Lending Act. This article discusses TILA's various provisions as they intersect with class action procedure, and TILA's limitations on remedies and monetary recoveries....
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During the 2015-16 term the Court continued its recent, robust interest in class action litigation, granting review in four class action appeals. This article analyzes the Court's decisions in Tyson Foods, Inc. v. Bouaphakeo, Campbell-Ewald Co. v. Gomez, DIRECTV, Inc. v. Imbrugia, and Spokeo v....
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Commentary an analysis of the problem whether an objector to a shareholders’ derivative class action settlement must intervene in order to appeal from a court order approving the settlement. The article focuses on a case pending before the Supreme Court that raises this issue: California...
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